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VARELA v. MILLER

204 Misc. 88 (1953)

Jesus Varela, Landlord, Respondent, v. Ben Miller, Tenant, Appellant.

Supreme Court, Appellate Term, First Department.

March 5, 1953.

Attorney(s) appearing for the Case

Albert H. Socolov for appellant.

Joseph F. Minutolo for respondent.

HAMMER, J., concurs with HOFSTADTER, J.; EDER, J., dissents in opinion.

HOFSTADTER, J.

But for the question of jurisdiction raised for the first time on appeal, this case would require no formal expression of the view of the majority of the court. The finding below that the tenant violated a substantial obligation of the lease which he failed to cure after proper written notice and created a nuisance which he permitted to continue is amply supported by the evidence. The petition...

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